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Sales Conditions
Table of contents:
Introduction
1. Contract
2. Parties
3. Prices
4. Conclusion of a contract
5. Order confirmation
6. Payment
7. Delivery etc.
8. Product risk
9. Right of cancellation
10. Checking the good
11. Defect claims and time limit for reporting claims in the event of delay
12. Buyer’s rights regarding delays
13. Buyer’s rights regarding defects
14. Seller’s rights in case of buyer’s breach of contract
15. Warranties
16. Personal data
17. Conflict resolution
Introduction:
This purchase is regulated by the Standard Sales Conditions for Consumer Purchases
of Goods over the Internet, given below. By “consumer purchases” is meant here
sales of goods to consumers who are not primarily acting for commercial purposes,
and in which the seller is acting for commercial purposes by selling goods via the
Internet. The contract is developed and its use recommended by the Consumer
Ombudsman.
Consumer purchases via the Internet are regulated primarily by the Contract Act, the
Consumer Purchases Act, the Marketing Control Act, the Cancellation Act and the ECommerce
Act, and these laws provide consumers with mandatory rights. The terms
of the contract are not to be understood as a limitation on legal rights, but rather as
presenting the parties’ most important rights and duties in regard to the purchase.
The seller may choose to offer the buyer better terms than what is stated in these
Sales Conditions.
For cases in which the contract does not give a direct solution to an issue, the
contract must be supplemented by relevant legal provisions.
1. Contract
A contract between a buyer and seller consists of the information regarding the
purchase given by the seller in the ordering section of the online shop (including e.g.
information on the nature of the good, its quantity, quality, other properties, price
and conditions of delivery), any direct correspondence between the parties (such as
e-mail), as well as these Sales Conditions.
In the event of conflict between the information regarding the purchase given by the
seller in the ordering section of the online shop, the direct correspondence between
the parties and the terms given in the sales conditions, the direct correspondence
between the parties and the information given in the ordering section will prevail
upon the sales conditions. The sales conditions will however prevail if the information
given by the seller or the correspondence contain terms in conflict with binding
legislation.
2. Parties
Seller
Company name: TIL Fotball AS
Contact address: Stadionvegen 3, P.O.Box 5, NO-9251 Tromsø, Norway
E-mail: nettbutikk@til.no
Telephone number: +47 97 17 3000
Company registration number: NO994 784 943MVA
The buyer is the person who places the order.
3. Prices
The prices, which are stated in the online shop, include value added tax.
Information on the total costs payable by the buyer, including all taxes (value added
tax, customs etc.) and costs of delivery (freight, postage, invoicing charges,
packaging and so on) as well as a breakdown of the costs, is to be given in the
ordering section before the order is placed. (Goods deliveries to Svalbard or Jan
Mayen shall be sold without the addition of value added tax.1
)
4. Conclusion of a contract
The contract is binding for both parties as soon as the seller receives the buyer’s
order.
However, a party is not bound by the contract if orthographical or typological errors
have occurred in the offer made by the seller in the ordering section of the online
shop or in the buyer’s order, and the other party realised or should have realised
that such an error was present.
5. Order confirmation
When the seller has received the buyer’s order, the seller shall within reasonable
time confirm the order by sending an order confirmation to the buyer.
It is recommended that the buyer check the order confirmation against the order
with regard to quantity, product type, price etc. If there is a discrepancy between
the order and the order confirmation, the buyer should contact the seller as soon as
possible.
6. Payment
The seller may charge the buyer for the good at the time it is sent from the seller to
1
See Act relating to Value Added Tax of 19 June 1969, No. 66 section 16.
the buyer.
If the buyer uses a credit card2
or debit card3
to make the payment, the seller may
hold the funds on the card for the order for up to four days from the time the order
is placed.4
When paying by credit card, the Credit Sales Act will be applicable.5
If the seller offers post-delivery invoicing, the invoice shall be issued when the good
is dispatched. The due date shall be set to a minimum of 14 days from when the
buyer receives the delivery.
If the seller has a particular need to require advance payment from the buyer, as is
the case with goods that are to be manufactured or adapted for the buyer, the seller
may require this.
Buyers under 18 years of age may only pay directly when the seller delivers the good
or by cash on delivery by post.6
7. Delivery etc.
Delivery of the good from seller to buyer shall occur in the manner, place and at the
time stated in the ordering section of the online shop.
If the delivery time is not stated in the ordering section, the seller shall deliver the
good to the buyer within reasonable time and no later than 30 days after the order is
placed by the customer. If the seller is to ensure that the good is sent to the buyer,
he/she is required to have the good dispatched to the destination in an appropriate
way and under normal conditions for such transport. The destination is to the buyer
unless other, special agreements are made between the parties.
8. Product risk
Product risk becomes the responsibility of the buyer as soon as the item is taken
over by the buyer according to the contract. If at the time of delivery the buyer
neglects to take over a product that is placed at his/her disposal according to the
contract, the buyer nonetheless holds the risk of loss or damage due to properties of
the product itself.
9. Right of cancellation
The buyer may change his/her mind and use the right of cancellation of the
2
A credit card is a payment card with which payments are settled subsequent to the time of purchase
when the credit issuer (credit card company) sends an invoice with a payment requirement to the
cardholder.
3
A debit card is a payment card linked to a deposit account. Use of such a card entails funds being
drawn from the user’s account and transferred to the merchant’s account.
4
Cf. model contract developed by the joint contract committee of the Norwegian Savings Banks
Association and the Norwegian Financial Services Association – Contractual Terms for Credit Cards and
Charge Cards – Consumer Conditions Point 12 and model terms developed by the Norwegian Savings
Banks Association and the Norwegian Financial Services Association for charge cards, Point 11.
5
Act relating to the Sale of Goods on Credit of 21 June 1985, No. 82.
6
Persons under 18 years of age may only pay in these mentioned ways, since they cannot legally enter
into debt; cf. Act relating to Guardianship for Persons who are Legally Incapable of 22 April 1927
section 2.
agreement according to the provisions of the Cancellation Act.7
A right of
cancellation means that the buyer may return a good to the seller without reason,
even if it does not have any defects and even if it has not yet been delivered.
The buyer must inform the seller that he/she will exercise this right within 14 days
after the good, the prescribed information concerning the right, and the cancellation
period form has been received. If the buyer receives the cancellation period form
and the necessary information at a later time than the time of product delivery, the
cancellation period will begin on the day that the buyer receives the cancellation
period form and information. If the buyer has not received sufficient information or a
cancellation period form, the cancellation period will expire three months after the
good is received. If the buyer has not received any information about the right of
cancellation at all, the period will be one year.
For reasons of certification, the information from the buyer to the seller concerning
the exercise of the cancellation right should be in writing (cancellation period form,
e-mail, fax or letter), and must contain information on how the buyer will return the
good to the seller.
When the cancellation right is exercised, the good must be returned to the seller
within a reasonable amount of time. The seller must pay back the entire purchase
price of the good within 14 days of the day the seller receives the good or a note/slip
to collect the good, or the good is placed at the seller’s disposal. The seller may not
set fees for the customer’s use of the cancellation right, although the seller may
require that the buyer pay the costs associated with returning the good.
The buyer may check the good before he/she cancels the purchase. However, the
good must be deliverable to the seller in approximately the same condition and
quantity as it was when the buyer received it. The buyer should return the good to
the seller in its original packaging, if possible.
The buyer may not cancel purchases of items that deteriorate quickly, items which
due to their nature cannot be returned, sound or video recordings (including CDs and
DVDs) or computer software on which the seal is broken. The latter exception only
applies if the seller has clearly stated the terms for the lapse of the cancellation right
on the seal.
10. Checking the good
When the buyer receives the good, it is recommended that he/she to a reasonable
extent checks whether it corresponds with the order, whether it has been damaged
during transport or if it is defective in any other way.
If the good does not correspond with the order or is defective, the buyer must notify
the seller of this in a claim; cf. Point 11 of this contract.
11. Defect claims and time limit for reporting claims in the event of delay
If the good is defective, the buyer must inform the seller within a reasonable amount
of time that he/she would like to make a defect claim. The time limit for this may
7
Act relating to duty of disclosure and right of cancellation, etc. in respect of distance selling and sales
other than at permanent sales outlets (the Cancellation Act) of 21 December 2000, No. 105..
never be less than two months from the time the consumer discovered the defect.
The claim must, however, be made within two years from the time that the buyer
took over the good. If the good or parts of it are meant to last for a significantly
longer period of time, the time limit for the claim will be five years.
In case of delay, a claim must be made to the seller within a reasonable amount of
time after the set time of delivery has arrived and the good is not delivered.
If the good is paid for by credit card, the buyer may also choose to send a claim
directly to the credit issuer (the credit card company).8
The notice to the seller or credit issuer should be in writing (e-mail, fax or letter).
12. Buyer’s rights regarding delays
If the seller does not deliver the good or delivers it later than what was agreed
between the parties, and this is not due to the buyer or circumstances on the buyer’s
side, the buyer may, according to the regulations listed in Chapter 5 of the Consumer
Purchases Act and depending on the circumstances, hold back the payable amount,
demand fulfilment, terminate the contract and demand compensation from the seller.
Fulfilment: If the seller does not deliver the good at the set time of delivery,
the buyer may adhere to the purchase and set a reasonable additional time
limit for fulfilment by the seller. However, the buyer may not demand fulfilment
if there is an obstacle to fulfilment which the seller cannot overcome or if
fulfilment will involve a disadvantage or cost so great for the seller that it
stands in significant disproportion to the buyer’s interest in having the seller
fulfil the purchase. If these difficulties cease within a reasonable amount of
time, the consumer may require fulfilment.
Termination: The buyer may terminate the contract with the seller if the delay
is significant or if the seller does not deliver the good within the additional time
limit for fulfilment the buyer has set. However, the buyer may not terminate
the contract before the additional time limit is reached, unless the seller has
stated that he/she will not fulfil within this time limit.
Compensation: Furthermore, the buyer may demand compensation for losses
incurr ed due to delay caused by the seller; cf. Consumer Purchases Act section
24.
The buyer must report any claim to the seller; cf. Point 11 of this contract.
13. Buyer’s rights regarding defects
If the good is defective and this is not the fault of the buyer or due to conditions on
the buyer’s side, the buyer may, according to the regulations of the Consumer
Purchases Act, Chapter 6 and depending on the circumstances, withhold the
payment, choose between correction and redelivery, demanding a discount,
demanding the contract terminated and compensation from the seller.
Correction or redelivery: If the good is defective, the buyer may require that
the seller correct the error or redeliver an equivalent good. The seller may
8
Act relating to the Sale of Goods on Credit, of 21 June 1985 section 8.
object to the buyer’s requirement if fulfilment of the requirement is impossible
or involves unreasonable expenses for the seller.
The seller shall complete the correction or redelivery within a reasonable
amount of time. The correction or redelivery shall be done without expense for
the buyer, without the risk that the buyer will not have his/her expenses
covered and without significant inconvenience for the buyer. The seller may
not attempt correction or redelivery more than twice for the same defect,
unless there are special reasons making further attempts reasonable.
Even if the buyer claims neither correction nor redelivery, the seller may offer
correction or redelivery if this is done without delay. If the seller provides such
correction or redelivery, the buyer may not demand a discount or termination
of the contract.
Discount: If the defect is not corrected or redelivered, the buyer may demand
a proportionate discount.
Termination: Instead of a discount, the buyer may terminate the contract,
except in the case of insignificant defects.
Compensation: The buyer may also demand compensation for financial losses
suffered as a result of the product defect; cf. Consumer Purchases Act section
33.
The buyer must present any claims to the seller; cf. Point 11 of this contract.
The regulations concerning claims apply in addition to and independently of the
regulations concerning the cancellation right and any warranties given by the seller.
14. Seller’s rights in case of buyer’s breach of contract
If the buyer fails to pay or otherwise fulfil his/her contractual duties, and this is not
the fault of the seller or conditions on the seller’s side, the seller may, according to
the regulations in Chapter 9 of the Consumer Purchases Act and depending on the
circumstances, withhold the good, demand fulfilment of the contract, demand the
contract terminated along with compensation from the buyer. The seller may also,
depending on the circumstances, charge interest in case of delayed payment, a
collection fee and a fee for non-prepaid, uncollected goods.
Fulfilment: If the buyer does not pay, the seller may adhere to the purchase
and demand that the buyer pay its cost (fulfilment). If the good is not
delivered, the seller will lose his/her right if he/she waits unreasonably long to
make the demand.
Termination: Upon significant non-payment breach or any other significant
breach by the buyer, the seller may terminate the contract. However, the seller
may not terminate the contract after the payment has been made.
The seller may also terminate the purchase if the buyer does not pay within a
reasonable additional due date for fulfilment set by the seller. However, the
seller may not terminate the purchase before the additional due date, unless
the buyer has stated that he/she will not pay.
Compensation: The seller may demand compensation from the buyer for
financial losses incurred as a result of a contractual breach from the buyer’s
side; cf. Consumer Purchases Act section 46.
Interest relating to delayed payment/collection fee: If the buyer does not pay
the amount specified in the contract, the seller may charge interest on the
amount, according to the Act Relating to Interest on Overdue Payments.9
In
cases where payment is not made, the debt may be sent for collection after a
warning has been issued, and the buyer may then be held responsible for fees
according to the Act relating to Debt Collection and Other Debt Recovery10
.
Fees for uncollected, non-prepaid items: If the buyer fails to collect unpaid items, the
seller may charge the buyer with a fee of [NOK XXX] plus return shipping. The fee
shall at maximum cover the seller’s actual expenses in delivering the good to the
buyer. Such a fee cannot be charged to buyers under 18 years of age.11
15. Warranties
Warranties given by the seller or producer give the buyer additional rights beyond
those mandatory rights he/she has by law. Thus, a warranty does not imply any
limitation on the buyer’s right to make claims or demands in case of delay or defects
according to Points 12 and 13.
16. Personal data12
Unless the buyer consents otherwise, the seller may only obtain and save whatever
personal data is necessary for the seller to complete his/her duties according to the
contract. Personal data of buyers under 15 years of age may not be obtained unless
the seller has obtained consent from parents or guardians. The buyer’s personal data
shall be given to others only if this is necessary for the seller to fulfil the contract
with the buyer, or in cases where this is required by law.
The seller may only obtain the buyer’s national identification number if there is an
actual need for secure identification and such obtainment is necessary.
If the seller wishes to use the buyer’s personal data for other purposes, such as
sending advertisements or information to the buyer beyond what is necessary to
fulfil the contract, the seller must obtain consent from the buyer upon conclusion of
the contract. The seller must inform the buyer of how the personal data will be used
and who will use it. The buyer’s consent must be voluntary and given actively, e.g.
by ticking a box.
It shall be simple for the buyer to contact the seller, for instance by telephone or email,
if he/she has questions concerning the seller’s use of personal data or if he/she
wishes the seller to delete or change the personal data.
9
Act relating to Interest on Overdue Payments of 17 December 1976, No. 100.
10 Act relating to Debt Collection and Other Debt Recovery of 13 May 1988, No. 26.
11 Fees cannot be charged to persons under 18 years of age, as they cannot legally enter into debt; cf.
Guardianship Act section 2.
12 See Act relating to the Processing of Personal Data of 14 April 2000, No. 31.
17. Conflict resolution
The parties shall attempt to resolve any disputes amicably. The buyer may contact
the Consumer Council of Norway for assistance in cases of dispute with the seller. If
an amicable resolution is not attained after mediation by the Consumer Council, the
parties may request in writing that the Consumer Council present the dispute to the
Consumer Disputes Commission.13 Decisions made by the Consumer Disputes
Commission are legally valid for four weeks after pronouncement. Before the
decision becomes legally valid, the parties may, by sending a writ of summons to the
Consumer Disputes Commission, bring the decision before the District Court.
13 See the Consumer Dispute Act No. 18 of 28 April 1978.